Anti-discrimination laws could be repealed in war on red tape

Controversy has raged this week over the leaked Beecroft report, which appeared to suggest the Government should make it easier for firms to fire underperforming employees. But there are further moves aimed at reducing regulation for businesses. Employment law consultant Peta Fluendy explains. SOME of the more controversial aspects of the Equality Act 2010 might soon disappear after consultations.

Top of the list for the axe is an employer’s liability for any third-party harassment of staff by the employer’s clients or suppliers. In other words, if a customer comes in and starts making sexist or racist remarks to the person at the reception desk, then the receptionist’s employer is also liable, not just the client.

Next in the firing line is a provision in the Act that gives employment tribunals extra powers, for example telling an employer that has lost a discrimination claim what changes it must make in the workplace. Critics say this gives tribunals the role of an equalities consultant and creates an unnecessary burden for employers since most review discrimination policies if they lose a case.

Also facing the axe is the right of employees to issue employers with questionnaires about antidiscrimination policies as a precursor to launching a discrimination claim in a tribunal. Some believe the questionnaires are too often used as a ‘fishing expedition’ to uncover potential evidence.

Removing this measure might provide a more tangible benefit as about 10,000 employers have to fill in these questionnaires each year. On average each one takes six hours.

The Government says it hopes that its plans to force all claimants to attend mediation at Acas before issuing a tribunal claim will remove the need for the formal questionnaire.